11 Sept 2013
MELVIN WAXMAN AND ANOTHER v. LI FEI YU AND ANOTHER
- Citation
- MELVIN WAXMAN AND ANOTHER v. LI FEI YU AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1972/2012
Under Order 62 r.3(2A) (post-CJR) the court has wide discretion in costs for interlocutory proceedings. Given the plaintiffs founded the action in Hong Kong as of right, the governing law of the shareholders agreement is Hong Kong law, and there was no real risk of lack of merit, the 2nd Defendant's forum non conveniens challenge was unreasonable. The costs order nisi was therefore reviewed and replaced: the 2nd Defendant must pay the Plaintiffs' costs of the application, including the costs of the hearing, to be taxed if not agreed.